The Australian Competition and Consumer Commission today instituted proceedings in the Federal Court, Brisbane against the Transport Workers Union of Australia alleging contraventions in Queensland of the secondary boycott (section 45D) provisions of the Trade Practices Act.
On 22 August 1997 the ACCC instituted proceedings against the TWU alleging contraventions of section 45D which involved boycott conduct against smaller transport companies in Queensland which had not entered into enterprise bargaining arrangements with the union under the Federal Workplace Relations Act.
Todays application involves alleged refusal by TWU members to allow vehicles driven by non-TWU members entry to a number of transport yards in Brisbane, and refusal to load or unload those vehicles.
Such refusal by TWU members to allow vehicles driven by non-TWU members entry to yards, or to refuse to load /unload vehicles driven by non-members, the ACCC alleges constitutes secondary boycott conduct in breach of the provisions of section 45D of the Trade Practices Act.
In its application to the Federal Court the ACCC is seeking orders that the TWU will:
- cease engaging in secondary boycott action against non-TWU members;
- implement a program to promote compliance with section 45D by its officers, employees and members;
- publish a notice advising transport companies, transport drivers, and the general public of these proceedings and of the orders of the Court.
For further information about this media release: Professor Allan Fels, Chairman (03) 9290 1812